June 12, 2013

Michael Scott vs. Los Angeles Avengers; San Jose Sabercats; State Compensation Insurance Fund; Zurich North America

In this case, Michael Scott, a professional football player, claimed that he sustained an industrial injury to his neck, hips, feet, back, shoulders, knees, angles, sleep, elbows, wrists, and hands while employed by the Los Angeles Avengers and the San Jose Sabercats from February 1, 2001 through May 1, 2003. The Workers’ Compensation Appeals Board granted reconsideration and amended the March 22, 2013 Findings and Award and Order, finding liability only as to defendant Los Angeles Avengers pursuant to Labor Code section 5500.5. The Board ordered the State Compensation Insurance Fund, the insurer for defendant Los Angeles Avengers, to administer benefits.

Leticia Sanchez vs. Barrett Business Services, Inc.; Permissibly Self-insured

In this case, the Workers’ Compensation Appeals Board granted reconsideration of the decision of April 5, 2013, rescinded the decision, and returned the matter to the trial level for further proceedings and decision by the WCJ. The case involves Leticia Sanchez and Barrett Business Services, Inc., who are permissibly self-insured. The Board ordered that the specific amendments recommended by the WCJ be made.

Ana Rodriguez vs. American Apparel, Administered By Athens Administrators

is a case involving American Apparel, administered by Athens Administrators, and Ana Rodriguez, the applicant. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, citing the report of the workers’ compensation administrative law judge. The judge found that the petitioner, Louis Heard on behalf of Innovative Medical Management, failed to identify himself as a hearing representative and his Petition for Reconsideration included single spacing in violation of Court Administrator Rule 10232(a)(11). The judge also found that the allegation of “technical difficulties” in paying the lien activation fee was the same thing as outright misrepresentation. The Board also admonished the defendant for attaching to its answer documents that were already lodged in EAMS. The Petition for Rec

Santos Quesada vs. Washmasters, Inc. Dba California Fleet Services

WASHMASTERS, INC. dba CALIFORNIA FLEET SERVICES was denied a petition for reconsideration from a Stipulated Award issued in March 2013, which found that applicant Santos Quesada sustained 71% permanent disability as a result of a specific injury on August 2, 2009, and cumulatively over the period January 1, 2009 through January 1, 2010, to his back, neck and head while employed as a laborer by Washmasters, Inc. dba California Fleet Services. The petition was denied due to Washmasters’ failure to notify the Appeals Board of its change of address and failure to respond and appear in the proceedings prior to filing the petition.

Rosa Palafox vs. Pelican Products, Inc.; United States Fire Insurance Company

Pelican Products, Inc.; United States Fire Insurance Company Rosa Palafox WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA PALAFOX, Applicant,vs.PELICAN PRODUCTS, INC.; UNITED STATESFIRE INSURANCE COMPANY, Defendants.Case Nos. ADJ103216 (LAO 0867367) MFADJ7061769 5 ADJ7167560OPINION AND ORDER GRANTING RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS            Defendant’s attorney Martin Reiner, Esq., filed what is described as a petition for …

Rosa Palafox vs. Pelican Products, Inc.; United States Fire Insurance Company Read More »

Juanita Morales vs. Snapware Corporation The Food Storage People; Sedgwick

In this case, Juanita Morales filed a petition for reconsideration against Snapware Corporation The Food Storage People and Sedgwick. The Workers’ Compensation Appeals Board reviewed the allegations and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge and determined that there was no order from which a petition for reconsideration may be taken. As a result, the petition was dismissed and the lien claimant was admonished for filing the frivolous petition.

Mary Miller vs. Public Storage And Sedgwick Claims Management Service

In this case, Mary Miller, an employee of Public Storage, sustained an industrial injury to her arm, hips, knee and back. Public Storage proposed to settle the case for $5,000.00, and Mary Miller agreed to close her claim without an attorney. The Employment Development Department (EDD) then filed an opening lien for state disability insurance (SDI). The WCJ then ordered Public Storage to obtain a formal job analysis prepared by an independent rehabilitation counselor and to obtain a reevaluation by the qualified medical evaluator (QME). Public Storage then filed a Petition for Removal, requesting that the Appeals Board rescind the Supplemental Order. The Appeals Board granted the Petition for Removal, rescinded the Supplemental Order, and

Guillermo Martinez vs. Flywheel Service And Specialty Co.; State Compensation Insurance Fund

In this case, the State Compensation Insurance Fund (SCIF) filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated April 9, 2013, wherein the workers’ compensation administrative law judge (WCJ) took this matter off calendar. SCIF contended that the WCJ should have dismissed the liens of Advanced Radiology and National Healthworks, Inc. (LCs) for failure to pay the lien activation fee required by Labor Code section 4903.06. However, there was no evidence that LCs received notice of the lien conference and were not required to pay the lien activation fee prior to that conference. Therefore, the Petition for Removal was denied and the case was returned to the trial level to

Camilo Llanez vs. Diamond Holdings And Argonaut Insurance

In this case, Camilo Llanez is the applicant and Diamond Holdings and Argonaut Insurance are the defendants. The Workers’ Compensation Appeals Board granted reconsideration of the decision of March 27, 2013, rescinded the decision, and returned the matter for further proceedings and decision by the WCJ. The Board also admonished the defendants for repeatedly failing to properly serve the petition for reconsideration on the applicant’s attorney.

Ed Hoffman vs. Best Overnite Express, Inc.; Tower Select Insurance

In this case, the Employment Development Department (EDD) sought reconsideration of a decision that ordered them to pay a portion of the attorney’s fee awarded to the applicant’s attorney out of the stipulated award of retroactive temporary disability indemnity. The Workers’ Compensation Appeals Board denied EDD’s petition for reconsideration, finding that all of the elements of Labor Code section 4903.2 were met and that the attorney’s services were instrumental in reversing the defendant’s denial of the applicant’s claim and establishing the common fund of retroactive temporary disability benefits.